It would be recalled that the accused, Arona Tine, was charged with a single count of murder contrary to section 187 of the Criminal Code.
When the matter was called, state counsel A. Gibba started cross-examining the witness Sanna Cham, who testified that he was a shopkeeper by occupation and his shop was in the same building with the deceased but opposite to each other. Cham said he sometimes helped the deceased to open or close her shop but that particular day the incident happened, he saw her only at the time she was shouting for help.
He said he was prepared to go for Jummah prayer when he heard the deceased shouting for help in Wollof.
He further revealed that when he heard the deceased shouting for help, he rushed and met with her at the door of her shop while she was holding a knife and her body was covered with blood.
Asked about the exact words of Fatoumatta as she was shouting for help, the witness said Fatoumatta was repeatedly saying, "Help me, help me, help me."
Counsel A. Gibba went further to inquire whether the victim was still repeating the same words while being inside. However, an objection was raised by O. Susso from the National Agency for Legal Aid who appeared for the accused stating that the question was “leading”.
In response, Counsel A. Gibba argued that the answer was already before the court and he wanted the witness to confirm. He said that based on Section 198(2) of the Evidence Act “such is accepted”.
In his ruling, Justice Jaiteh overruled the objection and instructed the witness to respond. The witness confirmed that the deceased was shouting, "Help me".
The witness said the deceased ran out shouting for help and then the accused came out from her shop. He added that the deceased was holding a knife which had on its handle a ‘sea-green’ color and was also stained with blood. She was also saying “something” and finally fell on the ground and the knife dropped, he testified.
The witness further narrated that the accused picked up the knife and injured himself with it on his neck and went back to the deceased shop - by then the accused was bleeding. He said when the accused entered the shop, that was the time people came and locked up the door of the shop with him the accused inside.
The witness explained that some people then surrounded Fatoumatta Kargbo and were trying to cover her as her underwear was exposed until some nurses came and went with her.
Counsel O. Susso asked the witness if his evidence was what he saw outside and that the only person he saw holding a knife was the deceased. In response, the witness confirmed to the court that all he said was what he saw.
The witness said further that he did not see the accused attacking the deceased but the accused was standing at one place when he came out of the bureau while the deceased fell down.
He added that the deceased was pointing at the accused while she was holding a knife and then dropped it and started crawling away from the accused.
The case was adjourned until 6 May 2024.
